245.07 Determining the 36 Month and 3 Month Periods of Eligibility (FSM)

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36-Month Period

The 36-month period is a fixed period of time, not a rolling clock. It begins with the first month of eligibility for SNAP benefits.

•    Once started, the 36-month "count" continues whether or not the individual receives SNAP benefits.

•    If an ABAWD is receiving benefits when the 36-month period ends, a new 36-month period begins the first month after the previous 36-month period ends.

•    If an ABAWD is not receiving SNAP benefits when the 36-month period ends, a new 36-month period would begin the first month in which the ABAWD begin receiving SNAP benefits again.

Example: An able bodied adult without dependents (ABAWD) first receives SNAP benefits January 2013 and continues to receive SNAP benefits. The 36-month period begins January 2013 and ends December 31, 2015. The next 36-month period begins January 2016 since the ABAWD is continuing to receive SNAP benefits.

Example: An ABAWD first receives SNAP benefits and in January 2013. The ABAWD’s SNAP benefits close in April 2013. The ABAWD never reopens for SNAP. The 36-month period ends December 31, 2015. A new 36-month period does not begin because the ABAWD is not receiving SNAP benefits.

3-Month Period

The 3-month period is the number of months within a 36-month period that a non-exempt ABAWD individual may receive SNAP benefits while not fulfilling ABAWD work requirements.

•       Review a non-exempt ABAWD individual’s in-state benefit, work, and training history for the current 36-month period to determine if the individual received benefits for 3 or more months during which the ABAWD was non-exempt and not fulfilling ABAWD work requirements.

•       The 3 months do not need to be consecutive, but must be full calendar months. Do not count partial months of receipt when determining the 3-month limit. A countable month is one in which an ABAWD receives a full month’s benefits while non-exempt and not meeting ABAWD work requirements.

•       The 3-month period of SNAP receipt begins on the date the non-exempt ABAWD reports that he or she is no longer satisfying ABAWD work requirements. Because the 10-day reporting requirement still applies, the begin-date for the 3-month period must never be later than 10 days after the ABAWD individual fails to meet the work requirements.

•       Non-exempt individuals who receive SNAP benefits while not satisfying ABAWD work requirements must be closed effective the end date of the 3rd month of receipt.

•       The 3 month period is reset when an ABAWD enters a new 36 month period. This can result in an ABAWD having two back to back 3 month periods. For example if an ABAWD’s 36 month period ends after December 2015, and the ABAWD is meeting ABAWD requirements until October 2015, the ABAWD’s first 3 month period would begin October 2015 and a new 3 month period would begin on January 2016 because the ABAWD begins a new 36 month period.

References: He-W 701.01; RSA 161:2, XIII; RSA 161:4-a, IV; 7 CFR 273.24; 7 USC 2015(o)(2)